Moral | Kinikoglu | Pamukkale | Kökenek Attorney Partnership > Istanbul, Turkey > Firm Profile

Moral | Kinikoglu | Pamukkale | Kökenek Attorney Partnership
Hakki Yeten Cad. Selenium Plaza No: 10 C K:16
Fulya Sk., 34365 Fulya 34365
Besiktas
Turkey

Turkey > Employment Tier 2

Moral | Kınıkoğlu | Pamukkale | Kökenek Attorney Partnership ‘has a network of lawyers that cover all of Turkey and give really effective insight regarding employment matters’. Özgür Güner, who was promoted to partner in 2021 and has a focus n advisory work, mitigation of risks, dispute resolution and litigation matters, jointly heads the team with Efe Kınıkoglu, who has a good track record handling white-collar mandates. The group is particularly knowledgeable in the pharmaceutical, healthcare, heavy industry and automotive sectors.

Practice head(s):

Özgür Güner; Efe Kınıkoğlu

Testimonials

‘The firm has a network of lawyers that cover all of Turkey and give really effective insight regarding employment matters.’

‘Mr. Özgür Güner and Mr. Efe Kınıkoğlu provide the client with high quality services in day to day and future employment matters.’

‘The strong parts of the team are their agile approach, open communication and empathy with the clients.’

‘When it comes to billing, we work with them with retainer basis fees. We have never faced with an invoice that we do not agree with.’

‘Özgür Güner: has a very deep legal knowledge compared to his competitors. Every advice he gives finds its place in practice. Thanks to him, we always have a risk-free communication. He knows our company and our industry very well.’

‘All members of MORAL & PARTNERS team are creative, enthusiastic, customer-oriented lawyers with good technical knowledge and excellent communication skills.’

‘Their advice is always clear, concise and provided with a quick turnaround.’

‘They invest in and use technology efficiently. They developed an efficient reporting software which enables the client – law firm relationship to be more collaborative, available, connected and transparent.’

Key clients

Stellantis ( Ex Groupe PSA)

DHL (Global Logistics Giant)

Borusan Holding

Japan Tobacco International

Borusan ( CAT construction plant and equipments)

Eczacıbaşı Holding ( And its 24 group companies)

Borusan Logistics

Borcelik

Syngenta

Eczacibaşi Tüketim Ürünleri

Borusan Alenka Energy

Borusan İş Makinaları

Tricon Energy

Borusan Manheim

Borusan EnBw

Borusan Suspan

Careem

Fokker Elmo

Fersan

Columbia Sports -Gözalan Group

Barçın Sports

Ortopromedicals

Volkan Itfaiye

Güralp Vinç

Agromila

Doğanay Turnip Juice

Work highlights

  • Advising Borusan Conglomerate on all kinds of employment advisory and employment-related litigation.
  • Representing a cybersecurity company in a mobbing lawsuit directed to the senior manager of the client.
  • Advising Eczacıbaşı Tüketim Ürünleri on its daily operations regarding employment law, employment law risk management advisory and representing it in employment law related cases.

Turkey > Commercial, corporate and M&A Tier 3

The team at Moral | Kınıkoğlu | Pamukkale |Kökenek Attorney Partnership, which is jointly headed by Serkan Pamukkale and Reşat Moral is a popular choice for private equity companies and strategic investors. Serra Haviyo, who was promoted to partner in January 2022, brings additional expertise to the practice, which regularly acts on both the buy and sell side of transactions.

Practice head(s):

Reşat Moral; Serkan Pamukkale

Other key lawyers:

Testimonials

‘Resat Moral is the rising star in the M&A practice in Turkey. He is available 24/7.’

‘All members of MORAL & PARTNERS team are creative, enthusiastic, customer-oriented lawyers with good technical knowledge and excellent communication skills. Their advice is always clear, concise and provided with a quick turnaround. They invest in and use technology efficiently. Ideal firm for any M&A deal in Turkey.’

‘We mostly work with Resat Moral, Serkan Pamukkale and Serra Haviyo in commercial, and corporate matters and M&A practice. They all provide us with high quality legal services with very good technical knowledge and excellent communication skills.’

‘Moral team has an immerse experience and knowledge on the process with foreign parties. As each country’s regulations are different, it is very important to have a good understanding of local regulations in order to be able to explain it to stakeholders and guide the process. Moral’s team is well experienced and educated with high communication skills which leads to successful outcomes.’

‘My understanding is that the corporate Team of Moral & Partners is one of the top five corporate and M&A teams in Turkey. They always deliver high-quality advice. We collaborate with them in cross-border Corporate matters.’

‘Team leader is Resat Moral. I frequently work with him and his client skills are impeccable. He is quite experienced as a corporate lawyer and he is very solution oriented. He is a great relationship manager especially with the international corporate clients and Private Equities.’

‘Proximity, readiness, corporate culture. They can go around any problem that can arise in a deal. We had so many problems with the client and with their co-operation, we managed to finalize the deal successfully. A pleasure to work with them.’

‘Partners Resat Moral and Serkan Pamukkale are very unique in Energy Investments Regulation Side and also at Engineering, Procurement and Contractor- sub-contractor contracts preparing and contract management process’

Key clients

Eczacibaşi Tuketim Ürünleri

Stellantis

Eczacibaşi Group

Janoschka

Japan Tobacco International

Borusan Yatirim

Taxim Capital

Dardanel

YANMAR

Fersan

Mopak

Careem

Stoller Turkey

Syngenta Turkey

Reckitt

Vansan -Ebara

Columbia Turkey | Gozalan Group

Barçin Sports Wear

Proteksan (Turquoise Yacht)

Ortopro Medical Devices

ASMiRA Group

Work highlights

  • Buy side legal advisor to Dardanel on the purchase of leading Greek banks and financial institutions’ receivables from G. Kallimanis SA.
  • Buy side legal advisor to Taxim Capital on its investment in Moltek Sağlık Hizmetleri Üretim ve Pazarlama A.Ş.
  • Sell side legal advisor to minority (40%) and founding shareholder of Vansan Water Technologies in Vansan’s acquisition by Ebara Corporation.

Turkey > Real estate and construction Tier 3

With ‘very detailed legal knowledge about the real estate and construction industry from A to Z’, Moral | Kınıkoğlu | Pamukkale |Kökenek Attorney Partnership's practice is headed by the ‘very practicalSerkan Pamukkale, who mainly handles the acquisition of housing for immigrants seeking Turkish citizenship, as well as development projects, shopping mall leases for retail brands and the sale of property. Reşat Moral is another name to note.

Practice head(s):

Serkan Pamukkale

Other key lawyers:

Testimonials

‘Moral Partners has a very capable real estate team. They perfectly blend legal and technical knowledge of the real estate industry. They have very detailed legal knowledge about the real estate and construction industry from A to Z . They are easy to communicate with and can work with international clients. They handle all the bureaucratic work very swiftly where needed.’

‘Serkan Pamukkale has deep knowledge of Turkish real estate law. He is very practical and a pleasure to work with.’

Key clients

Alterra Worldwide

Stellantis (formerly Groupe PSA)

Billion Concept Ltd

Günak Construction

Syngenta

Columbia (via Gözalan Retail)

Barçın Sports

DHL

Medianova

Eczacıbaşı Group

Work highlights

  • Advised a leading paper and cardboard manufacturer on negotiations relating to the use of property located in the port of Göcek.
  • Advising more than 40 individual Chinese clients on the acquisition of residential properties in order to obtain Turkish citizenship under the Turkish government’s citizenship by investment programme.
  • Advising a Turkish real estate developer on the maintenance of a mixed-use project developed on land with a surface area of 27,000 sq m.

Turkey > Dispute resolution Tier 5

Moral | Kınıkoğlu | Pamukkale | Kökenek Attorney Partnership houses a team of ‘very well equipped litigators’ which aims to ‘minimize litigation risk by providing its clients with pre-emptive legal advice and assistance’, while also handling litigation and arbitration matters. Department-head Efe Kınıkoglu is praised for his ‘technical knowledge and excellent communication skills’.

Practice head(s):

Efe Kınıkoğlu

Testimonials

‘Moral & Partners has a team of very well equipped litigators.’

‘They cover different regions and they have a hands on approach for all matters.’

Although the aim of MORAL & PARTNERS is to minimize litigation risk by providing its clients with pre-emptive legal advice and assistance, the law firm also represents its clients in litigations with success.’

‘Efe Kinikoglu provides us with high quality legal services with very good technical knowledge and excellent communication skills.’

‘Efe Kinikoglu tries to create solutions to reach the most efficient resolution by either litigation or alternative dispute resolution methods.’

‘The firm is very prominent especially in commercial and labor law disputes. The team works very devotedly and keeps the communication with the client intact. The team is very dynamic and highly motivated.’

‘Efe Kinikoglu shines as a great team leader, is very meticulous in the relations with the client and in the follow-up of the works.’

‘Efe Kinikoglu is a well regarded litigator and creates practical and useful solutions. He would be my point of call every time for any query or possible connection to Turkey. He is very approachable and always gives a balanced commercial view.

Key clients

Stellantis ( Ex Groupe PSA)

DHL

Borusan Holding

Japan Tobacco International

Borusan

Eczacıbaşı Holding

Borusan Logistics

Borcelik

Syngenta

Eczacibaşi Tüketim Ürünleri

Borusan Alenka Energy

Borusan İş Makinaları

Tricon Energy

Borusan Manheim

Borusan EnBw

Norm Holding

Borusan Suspan

Careem

Fokker Elmo

Fersan

Columbia Sports -Gözalan Group

Barçın Sports

Ortopromedicals

Volkan Itfaiye

Güralp Vinç

Agromila

Doğanay Turnip Juice

Bahlaq Trading

Nakhla Tobacco

Work highlights

  • Representing Borusan Conglomerate in all kinds of litigation files and conducting the risk management and mitigation on potential disputes in Borusan Conglomerate.
  • Acting for Stellantis in its daily operations, follow up of all pending litigation files and risk management and mitigation in potential disputes.
  • Acting for Eczacıbaşı Consumption Goods in its daily operations, follow up of all pending litigation files and risk management and mitigation of potential disputes .

Turkey > Compliance

Moral | Kınıkoğlu | Pamukkale | Kökenek Attorney Partnership acts for companies in a variety of industries, as well as for international law firms, on regulatory compliance and M&A due diligence.

Founded in 1968.

Being one of the esteemed and independent full-service law firms of Turkey, Moral & Kınıkoglu & Pamukkale & Kokenek  enjoys providing legal services to its international and national clients with its dynamic and experienced selective team comprising of 65+ professionals, who have particular knowledge and experience in their own fields. Moral & Kınıkoglu & Pamukkale & Kokenek  has two main offices in Istanbul and Izmir.

Industry expertise: With correspondent lawyers in several cities of Turkey, as well as in major countries abroad, Moral & Kınıkoglu & Pamukkale & Kokenek  delivers time efficient services and aims to develop a long-term relationship with each client based on deep understanding of the clients’ unique operations, specific needs, and expectations. Moral & Kınıkoglu & Pamukkale & Kokenek  has a broad range of national and international clients in various sectors, including but not limited to:

  • Automotive
  • Agriculture
  • Aerospace and defense
  • Associations
  • Art
  • Banks and financial institutions
  • Construction and real estate
  • FMCG
  • Food and entertainment
  • Energy and natural resources
  • Heavy industry
  • Insurance
  • Logistics and transportation
  • Luxury
  • Media and advertising
  • Pharmaceuticals and health
  • Technology
  • Textile and retailing
  • Tobacco
  • Tourism

Client profile:

  • National and international companies, including companies operating in free zones and industrial zones
  • Conglomerates
  • International law firms
  • Banks and financial institutions
  • Institutional and individual investors
  • Private equity funds
  • Private clients

Areas of practice: Banking and finance, competition, compliance, corporate advisory and M&A, capital markets, customs law, cyber security law, data protection, debt recovery, energy law, informatics law, intellectual property law, international contracts and commercial transactions, labor and social security law, litigation and dispute resolution, real estate and construction law.

M&A: Moral is listed among the top ten Turkish law firms in merger market’s legal advisory league tables. The firm’s M&A practice covers local and cross-border mergers, acquisitions, joint ventures, divestitures, spin-offs, private equity investments, venture capital investments, strategic alliances, compliance and corporate governance and post-M&A disputes. The firm has expertise in acting for both the seller side and buyer side on M&A transactions commencing from due diligence reviews through the closing process; in industries including but not limited to information technology, telecoms, real estate and construction, automotive, automotive sub-industry, sports and entertainment, retail, tourism, food, energy, medical and media. In providing these services the team works closely with tax and financial advisors.

Corporate law: Moral & Kınıkoglu & Pamukkale & Kokenek ’s corporate law team has extensive experience in providing advice on day to day corporate and commercial matters and advises international and national clients. The team possesses a strong legal view harmonized by a business-oriented approach, bringing practical and tailor-made solutions to general corporate issues.  GCs of Moral & Kınıkoglu & Pamukkale & Kokenek’s corporate retainer clients enjoy the firm’s valuable knowledge of the Turkish legal market, the highest quality of responsiveness, industry-specific experience, and international reporting standards.

Litigation and alternative dispute resolution: Moral & Kınıkoglu & Pamukkale & Kokenek ’s corporate law team has extensive experience in providing advice on day to day corporate and commercial matters and advises international and national clients. The team possesses a strong legal view harmonized by a business-oriented’ litigation and dispute resolution team is one of the well-regarded teams in Turkey providing services to domestic and international clients as claimants and defendants and help highly reputable conglomerates and companies resolve disputes efficiently and effectively.  Moral & Kınıkoglu & Pamukkale & Kokenek’s team is proud of its protective legal assistance in managing potential disputes via its risk management and mitigation system. GCs of conglomerates and well-regarded national and international companies are delighted with Moral & Kınıkoglu & Pamukkale & Kokenek’s tailor-made services and live reporting system and happy to see decreasing numbers in their litigation files. The team provides expert knowledge and has extensive experience in corporate and post-M&A related, institutional investor-related; commercial, consumer protection, intellectual property, real estate, employment, and tax related disputes.

Compliance: Moral & Kınıkoglu & Pamukkale & Kokenek’s compliance team provides business -oriented alerts and advice with great foresight regarding regulatory developments to prevent the hampering effect of legal regulations on commercial operations.

The main services provided by the firm’s compliance department are industry-specific legal compliance, compliance to e-commerce and data protection laws and regulations, and management of corporate governance procedures.

The compliance department is specifically assertive in sector-specific regulations such as technology, pharmaceuticals and health, agriculture, automotive, tobacco, energy and natural resources, free zones.

Labor and social security: Moral & Kınıkoglu & Pamukkale & Kokenek’s labor and social security law team offers full scale legal services in the field of employment and provides preventive advice to its clients. The team’s hands on approach and alerting system on potential disputes regarding employment cases are highly appreciated by GCs. Moral & Kınıkoglu & Pamukkale & Kokenek’s services in labor and social security law cover: preventive day to day labor law advice, white-collar crimes, disputes related to compensation and contractual rights; social security; disputes relating to employment periods; definite or indefinite term employment contracts and documents; reviewing HR policy of companies; and obtaining work and residence permits.

IT: Moral & Kınıkoglu & Pamukkale & Kokenek’s IT department provides services including but not limited to data protection, international data transfers, cybersecurity, IT due diligence check-in M&As, e-commerce, regulatory and customized compliance. Legal expertise and specialization in the IT industry are blended in Moral & Kınıkoglu & Pamukkale & Kokenek’s IT team with experience boosted through completed projects.

Real estate and construction: The real estate and construction law team provides expert legal advice to national and international companies, financial institutions and investors. Moral & Kınıkoglu & Pamukkale & Kokenek enjoys advising multi-function construction/ real estate development projects and shopping mall projects all over Turkey and is pleased to work with the leading commercial real estate developers. The team is also experienced in in real estate transactions covering purchase and sale of land, establishing in rem rights such as mortgage and easements, and also in real estate disputes.

Energy: Moral & Kınıkoglu & Pamukkale & Kokenek’s energy law practice covers the following areas: corporate matters; regulatory and compliance; renewable energy investments, mergers and acquisitions; infrastructure projects; project finance, project developments; and dispute resolutions. The firm provides unique services to leading Turkish and international energy companies and conglomerates.

 

 

 

 

 

DepartmentNameEmailTelephone
Corporate and M/A Vefa Reşat Moralresatmoral@moral.av.tr+90 212 232 35 95
Litigation and Dispute Resolution Efe Kınıkoğluefekinikoglu@moral.av.tr+90 212 232 35 95
Banking and Finance Serkan Pamukkaleserkanpamukkale@moral.av.tr+90 212 232 35 95
M/A Sertaç Kökeneksertackokenek@moral.av.tr+90 212 232 35 95
Compliance Aslı Pamukkaleaslipamukkale@moral.av.tr+90 232 441 03 17
Corporate and M/A Serra Haviyoserrahaviyo@moral.av.tr+90 212 232 35 95
IT Law Dilek Akdaş Kökenekdilekkokenek@moral.av.tr+90 212 232 35 95
Compliance Reşat Moralresatmoral@moral.av.tr+90 212 232 35 95
IT Law and Data Protection Efe Kınıkoğluefekinikoglu@moral.av.tr+90 212 232 35 95
Energy Law Vefa Reşat Moralresatmoral@moral.av.tr+90212 232 35 95
Labour and Social Security Law Özgür Günerozgurguner@moral.av.tr+90 232 441 03 17
Immigration Law Serkan Pamukkaleserkanpamukkale@moral.av.tr+90 212 232 35 95
Employment Law Sertaç Kökeneksertackokenek@moral.av.tr+90 212 232 35 95
Compliance Sertaç Kökeneksertackokenek@moral.av.tr+90 212 232 35 95
Number of Partners : : 7
Number of Fee Earners: : 50
English
Turkish
IBA (International Bar Association)
World Link for Law
Legal Netlink Alliance

COMPANY/FIRM: Client Choice Awards

TESTIMONIAL: Resat makes the clients feel that they are in safe hands; he provides appropriate advice


COMPANY/FIRM: Chambers and Partners

TESTIMONIAL: Resat is on top of all critical issues and has a very constructive, problem-solving style that helps us close deals in a timely manner.


COMPANY/FIRM: Client Choice Awards

TESTIMONIAL: Efe is a good solution provider; he has a consistent record for delivering results


Moral & Partners is an independent law firm which keeps pace with the global evolution. The firm enjoys advising its international clients on cross border work in various areas of law via its wide range of international legal network accumulated over the years combined with a wealth of expertise.

Client Profile

The firm satisfies clients expectations by offering transparent, flexible and client friendly pricing mechanism being accessible during global working hours.

Moral & Partners has a broad scope of international client portfolio operating in various industries such as automotive, agriculture, aerospace and defence, energy, health and pharmaceuticals, heavy industry real estate, retail, technology, textiles, trading platforms, tobacco, tourism.

Moral & Partners’ client profile includes;

· International law firms advising their clients in compliance issues,

· Multinational companies carrying business operations in Turkey,

· Companies located in Turkey and wishing to enlarge their businesses overseas,

· Corporate finance institutions.

The Team

Moral & Partners provides a partner-oriented approach with an energetic team carrying multidisciplinary backgrounds. Moral & Partners’ team is accessible 24/7 and highly talented in international reporting on cross border work.

Work Experience

Cross border M&A, regulatory compliance and compliance Q&A’s, general corporate work, employment issues, international litigation and dispute resolution, energy related work, cyber security attacks and IT law are some of the international work footprints of Moral & Partners.

Moral & Partners International Network

Moral & Partners possesses an esteemed global network with a proven work experience. Moral & Partners is an active member of International Bar Association, Legal Netlink Alliance and World Link For Law.


Corporate Social Responsibility and Diversity

Corporate Social Responsibility

Moral & Partners is proud of giving back to community while working hard to contribute a sustainable environment, business society and profession.

Supporting Entrepreneurs: Moral & Partners supports entrepreneurs via legal and business trainings by making collaborations with well-respected investment platforms, universities, NGOs and incubation centers.

Supporting Women Entrepreneurs: Moral & Partners proudly supports Arya Women, leading women entrepreneurship platforms, while providing probono trainings on the way of increasing female involvement to business world.

Supporting Art Awareness in Turkey: Moral & Partners supports Contemporary Istanbul since 2017, the leading international art fair, as the exclusive legal service sponsor.

Sustainable Family Businesses: Moral & Partners believe sustainable family business will be the heart of Turkish business environment, as 95% of the companies are family businesses, therefore Moral & Partners provides pro bono trainings on awareness of sustainability via corporate governance to family owned companies.

Environment: Moral & Partners collaborates with Aegean Forest Foundation by planting Moral & Partners 50th Year Grove to provide a healthy and sustainable environment for our next generations.

Law Students Professional Development Program: Moral & Partners gives back to legal community providing practical workshops and ateliers lectured by Partners and Seniors on niche areas of law (i.e. Arbitration, M&A, Banking Finance, Contract Management) namely “the Role of Lawyer” designed for law school students in all over Turkey in cooperation with reputable universities in order to contribute professional developments of law students.

Caring Street Animals: Moral & Partners loves animals and believe that it is the responsibility of every single human to help and protect them. The firm supports Patili Bahce, an organization founded by animal lovers that provides the feeding, sheltering and protection of the street animals.

Diversity

Moral & Partners, as a law firm raised with 70% female members, has launched an internal Code of Conduct and Ethical Standards in 2016. Diversity is one of the most important issues under ethical standards.

The firm ‘s policies focus to embrace diversity and equality in both human resources and supply chains. Moral & Partners tries to enlarge its team with attorneys and administrative staff from various cultures, pays attention to diversity while promoting partners and associates and selecting suppliers.


Presidential Decree on Extending the Suspension Period to Prevent the Loss of Legal Rights

Presidential Decree on Extending the Suspension Period to Prevent the Loss of Legal Rights no. 2480 (the “Decree”) has been published on the Official Gazette no. 31114 and dated 30 April 2020. The Decree has been entered into force as of its publication date.

In the scope of the Decree; the suspension period introduced with the provisional Article no. 1 of the Law Amending Certain Laws no. 7226 to prevent loss of legal rights due to the occurrence of Covid-19 pandemic in our country has been extended from May 1, 2020 (including this date) until 15 June 2020 (including this date).

Accordingly;

a) Time limits in terms of the origination, exercise and termination of any rights, period of limitations and peremptory terms including but not limited to filing legal actions, commencing enforcement proceedings, appeals, complaints, objections caveats, notices, submissions, and; time limits regulated under the Code of Administrative Procedure no. 2577, the Criminal Procedure Law no. 5271 and the Code of Civil Procedure no. 6100; and time limits in mediation and reconciliation proceedings, have been suspended from March 13, 2020 to June 15, 2020,

b) Time limits regulated under the Enforcement and Bankruptcy Law no. 2004 and other laws regarding enforcement proceedings, as well as the ones determined by judges or enforcement and bankruptcy offices within this scope; and all pending enforcement and bankruptcy proceedings; new enforcement and bankruptcy proceedings; and interim attachment proceedings, except the proceedings commenced for child support payments,
have been suspended from March 22, 2020 to June 15, 2020.

The time limits regarding mandatory administrative remedies regulated under the Public Procurement Law No. 4734 are excluded from the scope of the Decree.

However; the suspension period could be re-evaluated in case that the risk regarding spread of the pandemic is eliminated in a sooner phase.

The Decree does not have a readily available English version. However, you may access the Turkish version of the Decree from here.

Aslı Kınsız, Associate
Burak Batı, Trainee Lawyer


The Procedures and Principles Regarding the Implementation of Wage Support to be Performed Within the Scope of the Law on Unemployment Insurance N0. 4447

The Procedures and Principles Regarding the Implementation of Wage Support to be Performed within the Scope of the Law on Unemployment Insurance no. 4447 (the “Law No. 4447”) Provisional Article 24 (the “Procedures and Principles”) have been announced on the date of 22 April 2020, by the Social Security Institution (“SSI”) on its website.

The Procedures and Principles clarify the application principles, the conditions for being entitled and the payment provisions of wage support.

I. Application Principles

a. In Terms of the Employees Sent on Unpaid Leave and Who Cannot Benefit from the Short-Term Working Allowance

  1. Monthly notifications regarding the employees sent on unpaid leave are carried out by the employers, through the link of “www.uyg.sgk.gov.tr/IsverenSistemi” until the third day of the following month in which the unpaid leave practice is applied.
  2. Employers should put a check mark on “28-Pandemi Unpaid Leave”in terms of the reason for missing days within the relevant month in Monthly Premium and Service Document / Brief and Premium Service Declarations.
  3. Employers employing insured household employees for more than 10 days in a month should notify this change to the Provincial Directorates/Centers of SSI until the end of the month in which unpaid leave practice is applied.
  4. In terms of the employees who cannot benefit from the short-term working allowance, the reason of “18-Short-Term Working Allowance” declared within the Monthly Premium, Service Document/Brief and Premium Service Declarations should be updated as “28-Pandemi Unpaid Leave” within the specified period and the employers should apply for short-term working allowance within the scope of the mentioned conditions.
  5. Employers who made notification via another code mistakenly should apply to the relevant provincial directorate/center of SSI in order for changing the code regarding the missing day.
  6. Throughout the period of implementation of wage support; employer shall notify the following information through application screen of the SSI; (i) the number of days which the employee sent on unpaid leave in relevant month,
    (ii) the ID number of the employee,
    (iii) international bank account number (“IBAN”) of the employee and (iv) mobile phone number of the employee.

b. Employees Whose Employment Agreements Are Terminated After 15 March 2020

Within the Scope of Article 51 of the Law No. 4447 and Who Cannot Benefit from Unemployment Benefits In Despite of Application

  1. The wage support payments are to be carried out by Turkish Employment Agency (“İŞKUR”) by itself (ex-officio) without the need of application.
  2. Wage support payments of the unemployed who have not applied for unemployment benefit are to be carried out by İŞKUR upon the application made by the unemployed for the unemployment benefit through the website of https://esube.iskur.gov.tr/ or https://www.turkiye.gov.tr/ (e-state).

II. Conditions for Being Entitled

a. In Terms of the Employees Sent on Unpaid Leave and Who Cannot Benefit from the Short-Term Working Allowance

In terms of the employees who cannot benefit from the short-term working allowance due to not fulfilling the necessary social security premium requirements in despite of acceptance of the short-term working application can benefit from the wage support for the period of unpaid leave provided that the below conditions are met and grounds regarding missing days are updated by the employers as unpaid leave applied as per the Provisional Article 10 of TLC.

  1. To be sent on unpaid leave as per the Provisional Article 10 of Turkish Labor Code no.4857 (“TLC”)
  2. Not to benefit from the short-term working allowance
  3. Not to receive a pension fund from any social security organization
  4. To be notified to the SSI in terms of the document type no. 01, 04, 05, 06, 12, 14, 20, 29, 32, 35, 39, 52, 53, 54 and 55.
  5. To provide the necessary notifications to be carried out by the employer.

Employees whose unemployment benefits are re-started until the expiration of the period unemployment benefit that such employee has been entitled before shall be entitled to the wage support in cash starting from the date on which the unemployment benefit has ended, provided not to exceed the 3 months’ period in which termination is prohibited.

III. Period of Payment and Payment Amount

The period of wage support includes the unpaid leave periods applied on the dates between 17 April 2020 and 17 July 2020. In the event that the period of termination prohibition is extended by The President, the period of wage support shall also be extended for the same period.

The payment to be made for each person who is entitled to wage support corresponds to the amount obtained by multiplying the number of days for which such employee is entitled to payment with the amount calculated after deducting stamp tax from the daily amount determined as TRY 39.24 per day.
In case of being employed in more than one workplace, the number of social security premium payment days notified by the employers from such workplaces shall be added up. Wage support shall be paid on behalf of these employees for the days remaining less than 30 days. If a social security premium notification is made in the relevant month for a total of 30 days or more, these employees shall not be entitled to wage support.

IV. Statutory Limitations and Sanctions

The SSI shall convey the notifications made by the employers within the scope of wage support to İŞKUR until the fifth day of each month following the application for unpaid leave which is notified on monthly basis. İŞKUR shall commence to pay wage support based on the abovementioned data on the eighth day of each month.

In case the determined dates encounter with the days of weekend, national holiday and general holiday, the transactions shall be carried out on the first following business day.

Within the scope of the payment methods, apart from the money order or EFT to the IBAN, payment via postal checking account and payment on PTT (Post Office) Branches, the method of “paying at the door” is also available.
You may access the Turkish version of the Procedures and Principles from here.

Aslı Pamukkale, Partner
Özgür Güner, Managing Associate
Hande Solak, Associate
Burak Batı, Trainee Lawyer

 


In the last 12 months, law firms across the globe have already begun to feel the effects of disruptive trends like Covid-19, while corporate legal departments are increasingly being asked to reduce costs and operate more efficiently than ever before. New innovative methods of the client/customer focus with the ability to flex and adapt to a raft of changes will have to be managed. This will be more so the case as both law firms and corporate legal departments explore various new platforms and tools to meet the demands to support remote work and virtual collaboration.

With more organisations already endorsing flexible working arrangements and work/life balance thanks to the pandemic, the panel will also discuss whether lawyers will be able to balance their home life with work in a way that the global legal industry has rarely seen before.

The 45-minute panel discussion, followed by a Q&A session, will see an expert panel of in-house and private practice leaders discuss and present the opportunities available for those wanting to engage in a creative and open-minded way with the challenges faced in a post-Covid world while prioritising business continuity and client services.

Watch on demand now